WVC 16 - 3 - 4
§16-3-4. Compulsory immunization of school children; information
disseminated; offenses; penalties.
Whenever a resident birth occurs, the state director of health
shall promptly provide parents of the newborn child with
information on immunizations mandated by this state or required for
admission to a public school in this state.

All children entering school for the first time in this state
shall have been immunized against diphtheria, polio, rubeola,
rubella, tetanus and whooping cough. Any person who cannot give
satisfactory proof of having been immunized previously or a
certificate from a reputable physician showing that an immunization
for any or all diphtheria, polio, rubeola, rubella, tetanus and
whooping cough is impossible or improper or sufficient reason why
any or all immunizations should not be done, shall be immunized for
diphtheria, polio, rubeola, rubella, tetanus and whooping cough
prior to being admitted in any of the schools in the state. No
child or person shall be admitted or received in any of the schools
of the state until he or she has been immunized as hereinafter
provided or produces a certificate from a reputable physician
showing that an immunization for diphtheria, polio, rubeola,
rubella, tetanus and whooping cough has been done or is impossible
or improper or other sufficient reason why such immunizations have
not been done. Any teacher having information concerning any
person who attempts to enter school for the first time without
having been immunized against diphtheria, polio, rubeola, rubella,
tetanus and whooping cough shall report the names of all such
persons to the county health officer. It shall be the duty of the health officer in counties having a full-time health officer to see
that such persons are immunized before entering school: Provided,
That persons enrolling from schools outside of the state may be
provisionally enrolled under minimum criteria established by the
director of the department of health so that the person's
immunization may be completed while missing a minimum amount of
school: Provided,however,
That no person shall be allowed to enter
school without at least one dose of each required vaccine.

In counties where there is no full-time health officer or
district health officer, the county commission or municipal council
shall appoint competent physicians to do the immunizations and fix
their compensation. County health departments shall furnish the
biologicals for this immunization free of charge.

Health officers and physicians who shall do this immunization
work shall give to all persons and children a certificate free of
charge showing that they have been immunized against diphtheria,
polio, rubeola, rubella, tetanus and whooping cough, or he or she
may give the certificate to any person or child whom he or she
knows to have been immunized against diphtheria, polio, rubeola,
rubella, tetanus and whooping cough. If any physician shall give
any person a false certificate of immunization against diphtheria,
polio, rubeola, rubella, tetanus and whooping cough, he or she
shall be guilty of a misdemeanor, and, upon conviction, shall be
fined not less than twenty-five nor more than one hundred dollars.

Any parent or guardian who refuses to permit his or her child
to be immunized against diphtheria, polio, rubeola, rubella,
tetanus and whooping cough, who cannot give satisfactory proof that the child or person has been immunized against diphtheria, polio,
rubeola, rubella, tetanus and whooping cough previously, or a
certificate from a reputable physician showing that immunization
for any or all is impossible or improper, or sufficient reason why
any or all immunizations should not be done, shall be guilty of a
misdemeanor, and except as herein otherwise provided, shall, upon
conviction, be punished by a fine of not less than ten nor more
than fifty dollars for each offense.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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